Q: Is it possible for my fiance to get pretrial release with a held without bond?
My fiance is being held without bond on a indictment for first degree burglary
A: Your fiancé would need to file a motion for a bail review and the decision would be up to the judge.
A:
To answer this question concisely:
Yes, it is possible for your fiancé to get pretrial release even if they are currently being held without bond. However, it's not guaranteed and depends on several factors.
Key points:
1. A "hold without bond" status can be reviewed and potentially changed.
2. Your fiancé's attorney can file a motion for a bond review hearing.
3. The judge will consider factors like:
- The nature of the offense (first-degree burglary is serious)
- Your fiancé's criminal history
- Community ties
- Flight risk
- Danger to the community
To improve chances of release, your fiancé's attorney might propose conditions like:
- Electronic monitoring
- House arrest
- Drug testing
- Surrendering passport
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.